Sachin Shivaji Aaher And Others v. The State Of Maharashtra Through District Collector And Others

2025:BHC-AUG:31835 WP 4659/25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 WRIT PETITION NO. 4659 OF 2025 SACHIN SHIVAJI AAHER AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR AND OTHERS ...

Advocate for the Petitioner : Mr. Sushant Baburao Choudhari AGP for Respondents 1 & 2 : Mr. S.K. Shirse Advocate for Respondent 3 : Mr. S.G. Kawade ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : November 19, 2025 PER COURT :- 1.

In the instant case, the authorities constituted under Maharashtra Village Panchayat Act have set aside the the no confidence motion on account of the fact that there was no service of notice on Sarpanch and one member Mr. Ashok Shinde and thereby the no confidence motion was carried out in violation of Rule 7 of the Meeting Rules. 2.

The authority has held that there is non compliance of Meeting Rules as there is no service of notice on one of the member. No case is made out to interfere in the impugned order. Since the motion of no confidence is defeated on technical ground for being carried out in violation of Meeting Rules, the bar under sub-rule (3A) of Section 35 may not apply in the instant case.

3.

The petitioners are at liberty to move a fresh no confidence motion if there is no other legal impediment.

4.

The writ petition is disposed of accordingly. ( ARUN R. PEDNEKER, J. ) ssc/